| @gopaladins - the government cannot take away life without DUE PROCESS OF LAW: "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law." the double jeopardy clause explicitly mentions that a person can be put in jeopardy of their life and the due process clause only prevents taking of life without "due process." So no, the death penalty is not unconstitutional. You may think it is cruel and unusual, but what is cruel and unusual is up for the interpretation of the various states and the courts. |